2011 (12) TMI 493

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.... Rajarshi Bharadwaj and Kausik Kanti Maiti, for the Respondent. ORDER Affidavit of service filed today be kept on record. 2. In this writ petition the petitioner has challenged the order dated 25th April, 2011 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Regional Bench, Kolkata, directing the applicant therein, that is, the writ petitioner to deposit a sum of &#83....

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....ragraph 5 of the order impugned that the Tribunal has reached a finding and/or conclusion that the petitioner is liable to pay service tax and, therefore, the order dated 25th April, 2011 passed by the Tribunal cannot be sustained. 4. Mr. Bharadwaj, learned advocate for the service tax authorities, relying on the annexures, submit that the order is just and proper. 5. It is an admitted....

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.... that the petitioner is liable to pay service tax. Therefore, the order dated 25th April, 2011 passed by the Tribunal cannot be sustained is thus set aside and quashed. Consequently the order dated 29th July, 2011 on the application for modification also cannot be upheld and, is also set aside and quashed. The writ petition is allowed. Since I find that the appellant, that is, the writ petitioner ....